17/10/2024
Wacha tuwachanue..
If the Senate were to impeach Deputy President Rigathi Gachagua while he is undergoing medical treatment and in absentia, several legal and constitutional issues would arise. Under Article 150 of the Kenyan Constitution, a Deputy President can be removed from office on grounds such as gross violations of the Constitution, gross misconduct, or incapacity to perform duties due to physical or mental health.
However, the Constitution emphasizes the right to a fair hearing, which includes the ability to defend oneself before the Senate during impeachment proceedings. Impeaching Gachagua while he is medically incapacitated and unable to participate in his defence could be viewed as a violation of this right. While the law does not explicitly prevent impeachment in absentia, it could be challenged on the grounds of failing to meet the standards of due process, which include the right to be heard. Such a situation could lead to court intervention, especially under Kenya’s strong judicial principles of ensuring fairness in governmental procedures.
In this context, courts may declare the impeachment process unconstitutional due to unfairness and lack of due process. If the Senate proceeds without allowing Gachagua to defend himself, the impeachment could be nullified by the judiciary, setting a significant precedent for future cases.
Additionally, public participation, a constitutional principle in Kenya, must be integrated into the impeachment process. The failure to properly involve the public or meet procedural requirements could further jeopardize the legitimacy of the impeachment.
Thus, while the constitutional framework allows for impeachment under certain grounds, conducting such a process in Gachagua's absence during medical treatment could open the door for legal challenges, potentially invalidating the impeachment.
